People v. Davis
| Decision Date | 29 November 1979 |
| Citation | 424 N.Y.S.2d 372,400 N.E.2d 313,49 N.Y.2d 114 |
| Parties | , 400 N.E.2d 313 The PEOPLE of the State of New York, Respondent, v. James DAVIS, also known as Sylvester Scott, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
The trial court erroneously denied defendant his constitutional rights to self-representation and to waiver of trial by jury.
The record discloses that this was a difficult case and that the Trial Judge exercised great patience and took great pains to protect the interests of defendant. We are obliged to conclude, however, that in so doing he deprived defendant of his constitutional right to make his own decision on these most significant procedural issues.
It may be inferred from the record that defendant was knowledgeable as to criminal trials in consequence of some prior contact with the criminal justice system. 1 In the present chapter, on November 29, 1973 he was indicted on two counts of robbery in the first degree, two counts of robbery in the second degree, four counts of grand larceny in the third degree, two counts of possession of a weapon and one count of petit larceny, all arising out of the armed robbery of an off-duty police officer at a bar in New York City in the early morning hours of September 24, 1973.
On January 21, 1974 an attorney from the Legal Aid Society was appointed to represent defendant. A pretrial identification hearing was held on April 24, 1974, following which the motion made on defendant's behalf to suppress a lineup identification was denied. On May 15, the People answered ready for trial. On May 20 defendant made a motion for substitution of counsel, and three days later his first counsel was relieved and a second attorney was appointed to represent him. On June 26 the case was marked "final for trial". The following day defendant sent a letter to the Calendar Judge complaining of his second attorney. In the period from June, 1974 to January 10, 1975 it appeared that on several occasions defendant refused to come to court and his case was repeatedly adjourned.
On January 10, 1975 defendant was forcibly brought to court against his will. At that time he was informed by the Calendar Judge that in the future he would not be compelled to come to court but that he would be permitted to do so provided the court had assurances that he would behave himself in an orderly way. After the case was announced ready, defendant informed the court that he had filed a grievance against his then assigned counsel. The attorney stated that his own prior applications to be relieved because he could not communicate with defendant had been denied. An unsuccessful attempt was made to plea bargain and the case was marked ready.
On February 11 defendant and his second attorney appeared at Trial Term. Following the court's disposition of several pretrial motions, the attorney informed the court that defendant wanted a nonjury trial. The court then engaged in an extended discussion with defendant as to the implications and consequences of a waiver of jury trial. Defendant assured the court that he understood the situation and still wished to waive a jury. The court then instructed defendant to discuss the question with his attorney. The attorney informed the court that he had already discussed the matter with defendant. There ensued a further attorney-client conference, following which defendant again assured the court that he desired a trial without a jury. The court then handed defendant waiver-of-jury-trial forms. Questioning by the court revealed that the attorney would not give defendant categorical advice as to whether he should waive a jury and that he took the position that the responsibility for this decision rested with defendant himself who had been through jury trials. In a somewhat extended colloquy the court endeavored unsuccessfully to persuade the attorney to change his position and to give his client categorical advice. When the attorney informed the court that he had advised his client not to waive a jury trial but that the final decision was the client's to make, and it appeared that there was substance to the attorney's statement that he could not communicate with the client, the court relieved him of the representation.
A week later, on February 18, defendant again appeared before the trial court. He was questioned by the court in the absence of any attorney, then a third attorney was queried in defendant's absence and finally there was questioning by the court with both defendant and the third attorney present. Conflicting versions were advanced as to defendant's readiness to co-operate with his counsel, and the attorney described the difficulty of representing defendant. The attorney stated that he opposed any waiver of jury trial. Defendant stated that he did not want the attorney to represent him. Nevertheless the court assigned the third attorney to do so. At that point defendant stated to the court that he wanted to represent himself. In response the court advised him that he might make a formal application to represent himself and that such an application would be considered at the appropriate time. 2 After again counseling defendant as to the seriousness of the charge he faced, the court put the case over to February 20.
On February 20 the court discussed the situation with the third attorney in defendant's absence. The latter reported the difficulties of representation and informed the court that defendant persisted in his desire to represent himself and to waive his right to a jury trial. The court then put the case over to February 24.
On the 24th defendant and the third attorney appeared before the court at which time defendant expressed his displeasure with the attorney. Following further explanations by the court of the situation he faced and colloquy as to a missing witness, defendant again restated his desire for a nonjury trial. In response to an inquiry from the court, defendant conceded that his third attorney had advised against a waiver of jury trial. The attorney confirmed that this had indeed been his advice. Defendant again explicitly stated that he wished to waive a trial by jury and expressed his readiness to sign a formal waiver form (CPL 320.10, subd. 2). Thereupon, without allowing defendant to submit a written waiver, the court denied defendant's application to waive trial by jury, and defendant left the courtroom. Jury selection began and was completed some...
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